Category Archives: Intestacy

We’ve all been there: young, vibrant, decorating our first house, having a first child, thinking about writing our last will and testament. Not so much? You aren’t alone!

The Fraser Valley is home to a growing number of young families. In my conveyancing practice I meet young parents excitedly planning for their futures with an investment in real estate. To say the least, they are not keen on thinking about their premature demise.

Knowing the focus of my practice, clients often bashfully admit they have yet to draft a will. So I immediately ask what they think would happen if they died unexpectedly. Married clients tell me, time and again, they believe their spouse would get everything. Not even close! Without a will, your assets must be distributed according to a legislative formula, which likely does not reflect your own preferences.

The law in this area is changing. For the past several decades, the law has provided for the following distribution:

First $65,000 of your assets to Spouse

1/3 remainder of your assets to Spouse

2/3 remainder of your assets divided equally among Children

It is expected that the Wills, Estates and Succession Act will become effective in the early months of 2013. After that, intestate distribution will depend upon whether or not your spouse is the natural parent of all of your children. If your spouse is the natural parent of all of your children the first $300,000 of your estate assets will go to your spouse. If your spouse is NOT the natural parent of all of your children, the first $150,000 of your estate assets will go to your spouse.

Of course it is true that many assets are held jointly with a right of survivorship to the surviving spouse, but this is not always the case. If you or your spouse chose to go on title to your major assets alone to achieve a first time home-buyer’s exemption or to avoid effects from a poor credit history, your spouse may not have access to the assets he/she needs to raise your children.

Under the current law, your spouse would enjoy the right to remain in your marital home (subject to financial considerations). Under the WESA, this right expires after 180 days.

By far the biggest risk intestate parents run though, is that their children will not be placed with the guardian they would have chosen.

We have all heard the story of the shoemaker’s children – they never have proper shoes! This adage holds true in many fields, but it does not plague the families of estate planners. Estate lawyers have wills, because the risks of dying intestate (without a will) are simply too high.

My husband and I have three girls, all under the age of 10. Like most children, our girls are full of personality! So much personality that our parents probably wouldn’t have the energy to keep up with them on a full-time basis. We each have one sibling; one is newly married and just starting out, while the other is well-established but has a large family of his own. Neither of our siblings lives locally in the Maple Ridge – Mission area.

If we didn’t have wills, which of course we do, how would our two grieving families determine what living arrangements we would want set up for our girls? Would an answer simply be obvious to them? Would they work together to obtain a custody order from the courts, or would they find themselves at cross purposes?

Without a will, conflict can arise even between the most well-meaning of family members. I have worked with families who feel they have to pursue custody in honour of their deceased child/sibling. I have worked with families who feel the other family wouldn’t continue to allow access over time, or who do not share religious and cultural backgrounds with other potential guardians.

They say it takes a village to raise a child, but all too often our ‘villagers’ don’t see eye to eye. Even if there were no other reasons (which there are), this should be enough to convince most parents of the need to draft a will.

Contact Us Today

Stay in the Loop

Recent Articles

What Our Clients Say…

Elyssa and her team have an extensive knowledge of our industry (real estate) and our clients’ needs. They take great care by offering extended hours, superior support and patience as they take us through the process of buying and selling clients’ homes. The entire staff is extremely nice and I recommend Elyssa whenever possible to my clients who are looking for timely and professional legal advice.

T.M. - Pitt Meadows

I found Elyssa Lockhart to be approachable, engaging and patient while handling the purchase of our house. Elyssa and her knowledgeable and professional team answered our questions and communicated complex legal issues in a way that any layperson can understand. Based on my experience, I highly recommend Elyssa and her team for all your legal needs.

T.L. - Mission

From the day I began to work with Elyssa, she has shown herself to be knowledgeable, professional, ethical and resourceful. Through efficiency, consistency and professionalism, Elyssa Lockhart has earned my commendation and I would not hesitate to recommend her to any of my clients. The trust and confidence that I have in Elyssa Lockhart is evidenced by the fact that my family and I use her services for all of our corporate and personal matters!

D.L.

Professionalism, effectiveness and efficiency are three of the important traits we demand when engaging a lawyer. We have found Elyssa and her team to not only meet these standards, but to ‘go the extra mile’ and exceed them. Our experiences have been nothing but pleasant and worthwhile and we highly recommend Elyssa and her office for your legal needs.

B.R. - Abbotsford

Elyssa is very professional and friendly and her ability to clearly explain complex legal matters has been very reassuring to me. She goes above and beyond what you can hope for in a lawyer and I am grateful for all of her expertise and advice. I will always recommend Elyssa Lockhart to everyone.

T.J. - Maple Ridge

For estate planning and intergenerational corporate transition, there is no lawyer I could recommend more highly. Elyssa is professional and approachable and makes what could easily be a daunting process feel quite straightforward.

J.R. - Vancouver

In dealing with Elyssa, I felt very comfortable and relaxed. Her approach to the discussion at hand was genuinely sincere and respectful. I appreciated her comments and suggestions… I felt I could trust Elyssa’s judgement and I look forward to working with her in the future, as well as to referring her to my clients…

M.W.

The information on this website is for informational purposes only and should not be construed as legal advice or a legal opinion. Readers should consult qualified legal or other professional advisors in order to obtain advice applicable to their specific circumstances and should not rely on information contained on this website without seeking such advice. Although we attempt to keep the information on this website accurate and up-to-date, we cannot guarantee that the content is accurate, complete or current.